Attorney asks to dismiss appeal in child abuse case


By Glenn Battishill - [email protected]



Abdurahman


Courtesy photo | Delaware County Jail

Moore


Courtesy photo | Delaware County Jail

An attorney who was defending a Delaware County couple accused of child endangerment in Delaware County Common Pleas Court has asked the Fifth District Court of Appeals to dismiss their appeal, a move that apparently clears the way for trials to proceed.

Natasha M. Moore, 28, of Lewis Center, and Abdurahman Mohamed Abdurahman, 24, of Delaware, are both accused in connection with severe injuries to Moore’s 1-year-old son, Phoenyx.

They both were in jail Thursday awaiting their next hearing in Delaware County Common Pleas Court after their attorney, Brian Jones, asked the Fifth District Court of Appeals to dismiss their appeals cases.

At issue was whether one attorney — Jones — could represent both defendants in criminal proceedings.

Court documents indicate that Jones is no longer defending Moore and Abdurahman, and that public defenders have been appointed for them.

The appeals cases were filed in March after Delaware County Common Pleas Judge David Gormley ordered Moore and Abdurahman to have separate attorneys because having Jones represent both of them was a conflict of interest. Jones appealed Gormley’s ruling.

However, on Monday, Jones filed a motion with the appeals court, asking for the case to be dismissed. His motion states that because the litigation of the cases has continued during the pending appeals process, the defendants find the matter “no longer ripe for review” and asked for an order dismissing the appeal without prejudice.

Court documents indicate public defenders have been assigned to represent them in the ongoing case.

Moore is charged with two counts of endangering children, which are third-degree felonies, and Abdurahman is charged with felonious assault, a second-degree felony, and two felony counts of endangering children for allegedly abusing Moore’s son in January. The boy has since been released from the hospital.

The pair were originally scheduled to stand trial on April 12 but the appeals case caused the trial to be delayed. A trial for the pair has not been rescheduled.

Prosecutors allege that Abdurahman hit the baby’s head against a wall several times on Jan. 13 and caused serious injuries.

A grand-jury indictment for Natasha Moore states that she created a “substantial risk to the health or safety of the child, by violating a duty of care, protection or support” because she did not stop the abuse.

Prosecutors said the case was reported to police after the couple brought the boy to the hospital.

During an interview with detectives on Jan. 13, Abdurahman said he and Natasha Moore were the only people to have been in custody of the boy for the previous 48 hours.

Abdurahman
http://delgazette.com/wp-content/uploads/2016/07/web1_abdurahman-2-2.jpgAbdurahman Courtesy photo | Delaware County Jail

Moore
http://delgazette.com/wp-content/uploads/2016/07/web1_natasha-moore-2-2.jpgMoore Courtesy photo | Delaware County Jail

By Glenn Battishill

[email protected]

Glenn Battishill can be reached at 740-413-0903 or on Twitter @BattishillDG.

Glenn Battishill can be reached at 740-413-0903 or on Twitter @BattishillDG.

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